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A3561 (ACTIVE) - Summary

S T A T E O F N E W Y O R K
________________________________________________________________________
3561
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. PERRY, KAVANAGH -- Multi-Sponsored by -- M. of A.
AUBRY, DIAZ, EDDINGTON, MAYERSOHN, PHEFFER, TOWNS -- read once and
referred to the Committee on Codes
AN ACT to amend the penal law, in relation to requiring proof of liabil-
ity insurance prior to the issuance of a license to carry a firearm
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 400.00 of penal law, as amended by
chapter 189 of the laws of 2000, is amended to read as follows:
1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then only after investi-
gation and finding that all statements in a proper application for a
license are true. No license shall be issued or renewed except for an
applicant (a) twenty-one years of age or older, provided, however, that
where such applicant has been honorably discharged from the United
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character; (c) who has not been convicted
anywhere of a felony or a serious offense; (d) who has stated whether he
or she has ever suffered any mental illness or been confined to any
hospital or institution, public or private, for mental illness; (e) who
has not had a license revoked or who is not under a suspension or inel-
igibility order issued pursuant to the provisions of section 530.14 of
the criminal procedure law or section eight hundred forty-two-a of the
family court act; (f) in the county of Westchester, who has successfully
completed a firearms safety course and test as evidenced by a certif-
icate of completion issued in his or her name and endorsed and affirmed
under the penalties of perjury by a duly authorized instructor, except
that: (i) persons who are honorably discharged from the United States
army, navy, marine corps or coast guard, or of the national guard of the
state of New York, and produce evidence of official qualification in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02103-01-9

A. 3561 2
firearms during the term of service are not required to have completed
those hours of a firearms safety course pertaining to the safe use,
carrying, possession, maintenance and storage of a firearm; and (ii)
persons who were licensed to possess a pistol or revolver prior to the
effective date of this paragraph are not required to have completed a
firearms safety course and test; [and] (g) WHO SUBMITS PROOF OF PERSONAL
LIABILITY INSURANCE; AND (H) concerning whom no good cause exists for
the denial of the license. No person shall engage in the business of
gunsmith or dealer in firearms unless licensed pursuant to this section.
An applicant to engage in such business shall also be a citizen of the
United States, more than twenty-one years of age and maintain a place of
business in the city or county where the license is issued. For such
business, if the applicant is a firm or partnership, each member thereof
shall comply with all of the requirements set forth in this subdivision
and if the applicant is a corporation, each officer thereof shall so
comply.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law and shall apply to
licenses issued or renewed on or after such date.

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